General Certificate of Secondary Education June 2015

Transcription

1 Centre Number Surname Candidate Number For Examiner s Use Other Names Candidate Signature Examiner s Initials Question Mark A General Certificate of Secondary Education June 2015 Law Unit 1 The English Legal System Monday 11 May 2015 You will need no other materials. Time allowed 1 hour 30 minutes 1.30 pm to 3.00 pm Instructions Use black ink or black ball-point pen. Fill in the es at the top of this page. This paper is divided into two sections. In Section A, answer all parts of all questions. In Section B, answer all parts of one question only. You must answer the questions in the spaces provided. around each page or on blank pages. Do all rough work in this book. Cross through any wor k that you do not want to be marked. Where appropriate, support your answers by referring to relevant statutes, cases or examples. Information The marks for questions are shown in brackets. The maximum mark for this paper is 90. In questions 8(c)(iii), 8(c)(iv), 9(a)(iii) and 9(b)(ii), you will be marked on your ability to: use good English organise information clearly use specialist vocabulary where appropriate. Answer these questions in continuous prose. Advice You are advised to spend no more than 45 minutes on Section A and 45 minutes on Section B, and to read through all parts of a question before you start your answer TOTAL (Jun ) G/TI/109501/Jun15/E

2 2 Section A Answer all parts of all questions in this section. Carefully read the questions before you write down your answers. Where appropriate, support your answers by referring to relevant statutes, cases or examples. 1 Each of the following es contains two statements about the differences between civil law and criminal law. Sometimes both statements are correct; sometimes one statement is correct and one is incorrect; sometimes both statements are incorrect. In the spaces provided, put a tick if the statement is correct, or put a cross if the statement is incorrect. You must correctly put a tick or a cross in both es before your answer will be credited. For example: Dogs bark Dogs bark Dogs moo Cats purr Cats moo Cats whistle 1 (a) A civil case involves a wrong committed against the individual. A criminal case involves a wrong committed against the state. [1 mark] 1 (b) A civil case is brought to court by the claimant. A criminal case is usually brought to court by the police. [1 mark] 1 (c) A civil case involves the defendant being found guilty or not guilty. A criminal case involves the accused being found either liable or not liable. [1 mark] 1 (d) A civil case in court must be proved on the balance of probabilities. A criminal case in court must be proved on the balance of probabilities. [1 mark] (02)

3 3 1 (e) Verdicts in civil trials are usually decided by a jury. Verdicts in criminal trials are decided either by magistrates or by a jury. [1 mark] 1 (f) Successful civil cases involve the granting of a remedy by the court, for example, a fine. Successful criminal prosecutions involve the court imposing a sentence on the defendant, for example, imprisonment. [1 mark] 6 2 In criminal cases, duty solicitors have important work to do both in the police station and in the Magistrates Court. [6 marks] Outline the work of a duty solicitor in the police station. Outline the work of a duty solicitor in the Magistrates Court. 6 Turn over (03)

4 4 3 When a criminal case is adjourned, the defendant will be: released on unconditional bail or released on conditional bail or remanded in custody. Unconditional bail is where the defendant is released with no restrictions, but he must come to court when his case is next heard. Conditional bail is where the defendant is released but with restrictions such as: residence, at his home address or elsewhere curfew, between certain hours, usually at night reporting to the police station, as often as required a restraining order not to go to certain places or contact certain people. A remand in custody will be imposed, for example, where the defendant may commit further offences, or may interfere with witnesses, or if he is not likely to attend for his next court appearance, even if bail conditions are imposed. In each of the following situations, state whether the person should be released on unconditional bail, conditional bail or remanded in custody. Briefly explain why you have chosen that answer. 3 (a) Alan has been charged with a serious assault on a family member. Alan has previous convictions for violence for which he has received lengthy custodial sentences. He also has a history of committing offences whilst on bail. [3 marks] (04)

5 5 3 (b) Bev, aged 55, has been charged with a minor offence of shoplifting. She has no previous convictions and is likely to plead guilty. Her solicitor has indicated that Bev has shown remorse for her offence, and that he is waiting for a medical report on Bev before she enters her plea. The next hearing will be in two weeks time. [3 marks] 3 (c) Chakir has been charged with a minor offence of criminal damage to his neighbour s property. Chakir has previous convictions for a number of offences against the same victim, for which he has received both custodial and non-custodial sentences. Chakir also has some history of committing offences whilst on bail. [3 marks] 9 Turn over for the next question Turn over (05)

6 6 4 There are a number of different aims which a court may consider when sentencing a convicted offender. These aims may be about simply punishing the offender, or about trying to stop him/her from re-offending. Other aims may be intended to send a message to the offender or to the wider community, or may serve to protect that community. Alternatively, the court may wish to focus on the needs of the victim. With reference to the aims of sentencing, briefly explain what is meant by the following terms, and give an example of a sentence which meets that particular aim. [6 marks] Retribution Deterrence Rehabilitation 6 (06)

7 7 5 This is a diagram for you to show the structure of the criminal courts. In the spaces marked (a) to (d), write or complete the names of the first instance (trial) and appeal courts. [4 marks] (d)... (c)... (Criminal Division) (b)... (a)... (All criminal cases start in this court) 4 Turn over for the next question Turn over (07)

8 8 6 In the below are words or phrases relating to stages in creating an Act of Parliament. Green Paper Royal Assent Committee Stage drafting the Bill White Paper revisions House of Commons Third Reading First Reading amendments Report Stage House of Lords Royal Approval Parliament Acts 1911 and 1949 In the passage below, fill in the gaps (a) to (g), choosing the correct word or phrase from the. [7 marks] There is a clear process involved when Parliament intends passing a new Act. The process will often start with Parliament publishing a (a)..., which sets out the options for changing the law and invites comments from the public. This is then followed by a (b)... which sets out clear proposals for change. The draft Bill will then be put before the House of Commons, where the formal (c)... will take place. A debate and vote then take place at the Second Reading stage. The Bill will then be sent to Committee where detailed discussion takes place and changes, known as (d)..., can be made to the Bill. The Bill will then return to the Commons for a final Reading before being passed to the (e)... where further changes can be made. As a result of the (f)..., the Commons gets the final say on all changes to the Bill at that stage. Once the Bill has passed all the stages in Parliament, it will be sent to the Queen for the (g).... At that point, the Bill becomes an Act of Parliament. 7 (08)

9 9 7 English law uses previous cases as a clear guide as to how the law will be applied in future cases. This is known as the operation of the doctrine of precedent. In relation to the doctrine of precedent, explain each of the following. [7 marks] The hierarchy of the courts The meaning and importance of Law Reports 7 Turn over for the next section Turn over (09)

10 10 Section B Answer either Question 8 or Question 9. Answer all parts of the question you choose. Carefully read both questions before you make your choice. Where appropriate, support your answers by referring to relevant statutes, cases or examples. 8 Study the extract below and then answer all parts of the question which follows. People involved in the law The legal profession is divided into two main types of lawyers, solicitors and barristers. Solicitors do various jobs, including advising clients and advocacy in the lower courts. Some solicitors, with extra training, can also represent clients in the higher courts. Barristers work mainly as court advocates, usually on the instructions of solicitors. Barristers can, in some situations, take instructions directly from clients. Most law students start with a law degree from university. After that, those planning to practise law will need more training and practical experience before becoming a solicitor or a barrister. Magistrates deal with some civil cases and all adult criminal cases in the Magistrates Court. Magistrates also deal with cases in the Family Courts, Youth Courts and sometimes in the Crown Court. Magistrates sit in threes and are advised on law and procedure by a trained legal adviser. A judge and jury are used in the Crown Court to try serious criminal offences. The judge is there to help the jury with the law, while the duty of the jury is to decide the verdict. 8 (a) Samantha is studying for her A-levels and is considering a career in the legal profession. 8 (a) (i) Explain to Samantha what she would need to do to become a solicitor. [5 marks] (10)

11 11 8 (a) (ii) Explain to Samantha what she would need to do to become a barrister. [5 marks] Turn over (11)

12 12 8 (b) (i) Outline the role of a solicitor and the role of a barrister in the conduct of criminal cases. [5 marks] 8 (b) (ii) Briefly discuss the advantages of having a divided legal profession. [3 marks] (12)

13 13 8 (c) (i) Outline how magistrates are selected and appointed. [5 marks] 8 (c) (ii) Outline the range of work undertaken by magistrates. [5 marks] Turn over (13)

14 14 8 (c) (iii) Comment on the advantages of using magistrates in the English legal system. (Answer in continuous prose.) [6 marks] (14)

15 15 8 (c) (iv) Comment on the disadvantages of using magistrates in the English legal system. (Answer in continuous prose.) [6 marks] Turn over (15)

16 16 8 (d) (i) Identify two of the duties that the judge has to perform during a Crown Court trial. [2 marks] 8 (d) (ii) Assuming a person qualifies for jury service, outline how they would be selected, both before they come to court and when in court. [3 marks] 45 (16)

17 17 9 Study the extract below and then answer all parts of the question which follows. Most civil cases, which require a court hearing, are heard in the County Court by a District Judge or by a Circuit Judge. Civil cases, heard in either the County Court or the High Court, are processed through one of three tracks. These are the Small Claims Track, the Fast Track and the Multi-Track. In court, the claimant will be hoping to win the case and be granted a financial or other remedy by the judge. The two main civil remedies are damages and an injunction. Taking civil action can be very expensive and, without help, many people could not afford the costs involved. Fortunately, many civil disputes do not result in a court case. Most are settled out of court by the process of negotiation. The Government, under the Access to Justice Act 1999, funds various systems for giving legal advice. The Government, within limits, also funds the costs of representation in some civil and some criminal cases. There are also other bodies which may be able to offer advice and/or representation at a reduced cost or even free of charge. For example, claimants can get access to legal advice from a local Citizens Advice Bureau. If the case has to go to court, claimants may qualify for a civil Legal Representation Order. Alternatively, claimants in civil cases may be able to take advantage of a conditional fee arrangement with a solicitor. Following the judgment in court, either party may be able to appeal the judge s decisions to a higher court, where more senior judges will hear the appeal. 9 (a) Zak was involved in a road traffic accident due to the negligence of Daniel. Zak has been advised to take legal action. 9 (a) (i) Outline the process that Zak would need to follow to bring a civil action in the County Court. [4 marks] Turn over (17)

18 18 9 (a) (ii) Outline to Zak the key features of the Small Claims Track and the key features of the Fast Track. [5 marks] 9 (a) (iii) Comment on the advantages and disadvantages of using the Small Claims Track. (Answer in continuous prose.) [6 marks] (18)

19 19 9 (b) (i) Outline what is meant by negotiation. [4 marks] Turn over (19)

20 20 9 (b) (ii) Comment on the following: the advantages of negotiated settlements and the disadvantages of bringing civil actions through the courts. (Answer in continuous prose.) [6 marks] (20)

21 21 9 (c) Taking civil cases to court can be very expensive. Fortunately, there are cheaper ways of getting access to free or low-cost legal advice and/or representation. Outline the meaning of the following. 9 (c) (i) Citizens Advice Bureau [3 marks] 9 (c) (ii) Civil Legal Representation [3 marks] 9 (c) (iii) Conditional Fee Arrangements [3 marks] Turn over (21)

22 22 9 (d) If a civil action is successful, the judge will award a remedy to the claimant. The two standard remedies in civil cases are damages and an injunction. State what is meant by damages and by an injunction, and outline the circumstances in which the judge is likely to grant each of these remedies. [5 marks] 9 (e) (i) At the end of a trial in a civil case, if either party is unhappy with the outcome, they can appeal to a higher court. Identify the reasons why a party may appeal in a civil case. [3 marks] (22)

23 23 9 (e) (ii) Outline the advantages of having an appeals system in civil and/or criminal cases. [3 marks] 45 END OF QUESTIONS (23)